HAR §17-681-35. Replacement issuances

(a) Subject to the restrictions in subsections (c), (d) and (e), the branch shall provide replacement issuances to a household when the household reports that food purchased with SNAP benefits was destroyed in a household misfortune. (b) Where a federal disaster declaration has been issued and the household is eligible for disaster SNAP benefits under the disaster declaration, the household shall not receive both the disaster allotment and a replacement allotment for a misfortune. (c) Replacement issuances shall be provided only if a household timely reports a loss orally or in writing. The report will be considered timely if it is made to the branch within ten days of the date food purchased with SNAP benefits is destroyed in a household misfortune. (d) No limit on the number of replacements shall be placed on the replacement of food purchased with SNAP benefits which was destroyed in a household misfortune. (e) Except for households certified under 7 CFR replacement issuances shall be provided in the amount of the loss to the household, up to a maximum of one month’s allotment, unless the issuance includes restored benefits which shall be replaced up to their full value. (f) Prior to issuing a replacement, the branch shall obtain from a member of the household a signed statement which: (1) Attests to the destruction of the household's food; §17-681-35 681-15 (2) Advises the household that the department will not provide a replacement issuance if the signed statement is not returned within ten days. If the tenth day falls on a weekend or holiday, and the statement is received the day after the weekend or holiday, the branch shall consider the statement timely received; and (3) States that the household is aware of the penalties for intentional misrepresentation of the facts, including but not limited to, a charge of perjury for a false claim. The statement shall be retained in the case file. (g) Replacement issuances shall be provided to households with ten days after report of loss or within two working days of receiving the signed statement required in subsection (f), whichever date is later. (h) The branch shall deny or delay replacement issuances in cases in which available documentation indicates that the household’s request for replacement appears to be fraudulent. (i) The household shall be informed of its right to a fair hearing to contest the denial or delay of a replacement issuance. Replacements shall not be made while the denial or delay is being appealed. (j) Upon receiving a request for replacement of an issuance for food destroyed in a household misfortune, the branch shall determine if the issuance was validly issued. (k) Prior to replacing destroyed food that was purchased with SNAP benefits, the branch shall determine that the destruction occurred in a household misfortune or disaster, such as, but not limited to, a fire or flood. This shall be verified through a collateral contact, documentation from a community agency including, but not limited to, the fire department or the Red Cross, or a home visit. (l) The branch shall document in the case record: (1) Each request for replacement; (2) The date of the request; (3) The month of the original issuance; (4) The reason for replacement; and (5) Whether or not the replacement was provided. §17-681-35 681-16 (m) When a request for replacement is made late in an issuance month, the replacement will be issued in the month subsequent to the month in which the original benefit was issued. All replacements shall be posted and reconciled to the month of issuance of the replacement and may be posted to the month of issuance of the original benefit, so that all duplicate transactions may be identified. [Eff and comp 6/24/13] (Auth: HRS §346-14) (Imp 7 C.F.R. §274.6) §